Tenants seeking redress and resolution for a statutory nuisance arising from the condition of their home often turn to legal firms offering ‘no win, no fee’ assistance for private prosecutions under the Environmental Protection Act 1990 (EPA). Section 82 of the EPA allows a magistrate’s court to act on complaints made by any person aggrieved by a statutory nuisance.
What is a Statutory Nuisance?
Statutory nuisances are defined in Section 79 of the EPA. Prosecutions brought by tenants will involve conditions within their homes that can be said to be prejudicial to health or constitute a nuisance. A nuisance is an unreasonable condition that significantly affects the enjoyment of a property. Common examples include damp, mould, and rat infestations.
Tenant Protections
Initiating proceedings in the magistrate’s court against the ‘person responsible’ is often a faster and less expensive process for tenants to resolve the nuisance alleged. While tenants are typically shielded from litigation costs, landlords and managing agents are not.
Legal Implications
Failure to abate the nuisance complained of on receipt of a notice of intention to bring proceedings can result in a significant liability for costs and compensation and can result in a criminal conviction.
Challenges and Considerations
If you are served with a notice of an intention to bring proceedings, it is not necessarily easy to determine the best way forward. It may be unclear whether the complaint qualifies as a nuisance under the EPA. There may be a lack of clarity as to the cause of the nuisance complained of and/or who is properly to be regarded as responsible for it. It is not uncommon for liability to be contested on the basis that another party is responsible e.g., the freehold owners of the building of which the subject property is only a part, or the managing agents of the property. Tenant conduct contributing to the nuisance is a common issue. Waiting for the criminal process to resolve these issues can result in a significant liability for costs and compensation, not to mention the loss of time and inconvenience associated with it.
Next Steps
If you receive a notice of intention to bring proceedings under the EPA, we strongly recommend contacting a specialist lawyer to determine the appropriate response. This may involve liaising with a third party who should bear responsibility for the alleged nuisance. Establishing a clear, fully advised case strategy from the outset can significantly mitigate your potential liability.
Statutory Nuisance: Frequently Asked Questions (FAQs)
Contact Us
John Lamb of Ronald Fletcher Baker LLP has significant experience defending statutory nuisance claims. He can be contacted via email at j.lamb@rfblegal.co.uk.
